Regulation 13 Consequential amendments to the Trade in Animals and Related Products Regulations 2011

(1)

The Trade in Animals and Related Products Regulations 2011^f1 are amended as follows.

(2)

In regulation 2(1), after the definition of “official controls” insert—

““official fish inspector” means a suitably trained person appointed in accordance with regulation 12;

“official veterinary surgeon” means a suitably trained veterinary surgeon appointed in accordance with regulation 12;”.

(3)

In Schedule 3^f2, at the end insert—

“Case 8: low risk goods exempted from routine checks at border control posts under Article 48(h) of the Official Controls Regulation

9.

Low risk goods exempted from routine identity and physical checks at border control posts under Article 48(h) of the Official Controls Regulation, in accordance with conditions specified by regulation 10 of the Official Controls (Miscellaneous Amendments) Regulations 2024.”.

(4)

In Schedule 5^f3—

(a)

for paragraph 4 substitute—

“4.

(1)

Regulation 13 applies to relevant goods as if for that regulation there were substituted—

“13.

(1)

From 30th April 2024, and subject to sub-paragraphs (2) and (3), no product may be brought into England from a third country otherwise than through a point of entry for which a border control post is designated for the relevant category of product.

(2)

Live animals coming from a relevant third country may continue to enter England through any point of entry.

(3)

Relevant goods (other than live animals) coming from the Republic of Ireland—

(a)

which fall within the description in paragraph 1(a) of Schedule 5, or

(b)

fall within the description in paragraph 1(b) of Schedule 5 and have been cleared for free circulation under Union customs legislation,

may enter England either through a border control post designated in relation to the particular category of product included in the consignment or through Heysham.”.”;

(b)

in paragraph 5—

(i)

for sub-paragraph (1) substitute—

“(1)

From 30th April 2024, subject to the derogation specified in sub-paragraphs (3C) and (3D), regulation 14(1) to (4) applies to relevant goods, as if—

(a)

in sub-paragraph (1), for the words from “notify through” to “border control post”, in the second place where it occurs, there were substituted “notify the competent authority in relation to England of the expected date of arrival of the consignment in England”;

(b)

in sub-paragraph (3), after “made”, there were inserted “through the appropriate computerised information management system”;

(c)

in sub-paragraph (4), in the opening words, after “another” there were inserted “or from any point of entry to a border control post,”;

(ii)

omit sub-paragraphs (2) to (3A);

(iii)

in sub-paragraph (3C), for the words from “the relevant” to “sub-paragraph (3)” substitute “relevant goods”;

(iv)

in sub-paragraph (4), omit paragraphs (a) and (b);

(c)

in paragraph 6—

(i)

in sub-paragraph (1), for paragraph (a) substitute—

“(a)

from 30th April 2024—

(i)

any identity and physical checks carried out on products must take place at a border control post;

(ii)

subject to the requirements of Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97, official controls in relation to live animals may take place at the destination indicated in the importation document accompanying the animals;

(aa)

the checks referred to in paragraph (a) must be carried out on a risk or random basis and at the appropriate frequency rate;

(ab)

the operator responsible for a consignment of products must ensure that the consignment is presented for official controls at a reasonable time during the working day;

(ac)

the competent authority, having carried out a documentary check and any necessary identity and physical checks on the consignment, may issue a CHED permitting entry;

(ad)

where there are no legislative requirements relating to the consignment, the competent authority may issue a CHED where the importation of the consignment is authorised in accordance with the procedure specified in regulation 15(5) to (7);”;

(ii)

in sub-paragraph (3), after the opening words, insert—

“(za)

“appropriate frequency rate” has the meaning given by paragraph 2 of Annex 6 to the Official Controls Regulation;”;

(d)

for paragraph 7 substitute—

“7.

Regulation 19 applies as if for that regulation there were substituted—

“19.

(1)

Subject to sub-paragraph (4), an enforcement authority may seize any consignment of relevant goods brought into England from a relevant third country otherwise than—

(a)

through a point of entry for which a border control post is designated for the category of product included in the consignment; or

(b)

where the goods fall within the description in regulation 13(3)(a) or (b), as modified by paragraph 4(1) of Schedule 5, either through a point of entry mentioned in paragraph (a) or through Heysham.

(2)

An enforcement authority may seize any consignment which is removed from a point of entry into England without a CHED or without authorisation by the competent authority.

(3)

An enforcement authority may seize any consignment which is transported from a point of entry in England to a destination other than that specified in the CHED.

(4)

Sub-paragraph (1) does not apply in relation to consignments of live animals.”.”.

(e)

for paragraph 8 substitute—

“8.

(1)

Regulation 20 applies as if—

(a)

for paragraph (1) there were substituted—

“(1)

This regulation applies, subject to paragraphs (1A) and (1B), in relation to any consignment of a product if any checks carried out show that the consignment does not comply with—

(a)

the requirements of these Regulations, as they have effect subject to the transitional modifications specified in Schedule 5; or

(b)

the rules referred to in Article 1(2) of the Official Controls Regulation.

(1A)

This paragraph applies where—

(a)

there is non-compliance with the rules referred to in paragraph (1); and

(b)

the official veterinary surgeon or the official fish inspector (as appropriate) considers that the non-compliance is minor and technical and does not pose a risk to human, animal or plant health, or to the environment.

(1B)

Where paragraph (1A) applies, paragraphs (2) and (3) apply as if for “must” there were substituted “may”.”;”.

Annotations

Footnotes

f1: S.I. 2011/1197, amended by S.I. 2012/2897, 2013/2996, 2014/3158, 2018/575, 2019/1488, 2020/109, 1462 and 1631, 2021/443, 453, 809, 1096 and 1443, 2022/1315, 1322 and 2024/20.
f2: Schedule 3 was amended by S.I. 2019/1488, 2020/1462 and 2021/453.
f3: Schedule 5 was inserted by S.I. 2020/1462, and amended by S.I. 2021/1096, 1443 and 2024/20.